FEDERAL MANAGEMENT REGULATION - GSA

AMENDMENT 2006–02 MAY 25, 2006
PART 102-37—DONATION OF SURPLUS PERSONAL PROPERTY §102-37.30
PART 102-37—DONATION OF SURPLUS PERSONAL PROPERTY
Subpart A—General Provisions
§102-37.5—What does this part cover?
This part covers the donation of surplus Federal personal
property located within a State, including foreign excess personal
property returned to a State for handling as surplus
property. For purposes of this part, the term State includes any
of the 50 States, as well as the District of Columbia, the U.S.
Virgin Islands, Guam, American Samoa, the Commonwealth
of Puerto Rico, and the Commonwealth of the Northern Mariana
Islands.
§102-37.10—What is the primary governing authority for
this part?
Section 549 of title 40, United States Code, gives the General
Services Administration (GSA) discretionary authority to
prescribe the necessary regulations for, and to execute the surplus
personal property donation program.
§102-37.15—Who must comply with the provisions of this
part?
You must comply with this part if you are a holding agency
or a recipient of Federal surplus personal property approved
by GSA for donation (e.g., a State agency for surplus property
(SASP) or a public airport).
§102-37.20—How do we request a deviation from this part
and who can approve it?
See §§102-2.60 through 102-2.110 of this chapter to
request a deviation from the requirements of this part.
Definitions
§102-37.25—What definitions apply to this part?
The following definitions apply to this part:
“Cannibalization” means to remove serviceable parts from
one item of equipment in order to install them on another item
of equipment.
“Donee” means any of the following entities that receive
Federal surplus personal property through a SASP:
(1) A service educational activity (SEA).
(2) A public agency (as defined in Appendix C of this part)
which uses surplus personal property to carry out or promote
one or more public purposes. (Public airports are an exception
and are only considered donees when they elect to receive surplus
property through a SASP, but not when they elect to
receive surplus property through the Federal Aviation Administration
as discussed in subpart F of this part.)
(3) An eligible nonprofit tax-exempt educational or public
health institution (including a provider of assistance to homeless
or impoverished families or individuals).
(4) A State or local government agency, or a nonprofit
organization or institution, that receives funds appropriated
for a program for older individuals.
“Holding agency” means the executive agency having
accountability for, and generally possession of, the property
involved.
“Period of restriction” means the period of time for keeping
donated property in use for the purpose for which it was
donated.
“Screening” means the process of physically inspecting
property or reviewing lists or reports of property to determine
whether property is usable or needed for donation purposes.
“Service educational activity (SEA)” means any educational
activity designated by the Secretary of Defense as being
of special interest to the armed forces; e.g., maritime academies
or military, naval, Air Force, or Coast Guard preparatory
schools.
“Standard Form (SF) 123, Transfer Order Surplus Personal
Property” means the document used to request and document
the transfer of Federal surplus personal property for
donation purposes.
“State” means one of the 50 States, the District of Columbia,
the U.S. Virgin Islands, Guam, American Samoa, the
Commonwealth of Puerto Rico, and the Commonwealth of
the Northern Mariana Islands.
“State agency for surplus property (SASP)” means the
agency designated under State law to receive Federal surplus
personal property for distribution to eligible donees within the
State as provided for in 40 U.S.C. 549.
“Surplus personal property (surplus property)” means
excess personal property (as defined in §102-36.40 of this
chapter) not required for the needs of any Federal agency, as
determined by GSA.
“Surplus release date” means the date on which Federal
utilization screening of excess personal property has been
completed, and the property is available for donation.
“Transferee” means a public airport receiving surplus
property from a holding agency through the Federal Aviation
Administration, or a SASP.
Donation Overview
§102-37.30—When does property become available for
donation?
Excess personal property becomes available for donation
the day following the surplus release date. This is the point at
which the screening period has been completed without trans-
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